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The response to a question about the marking of camels' and sheep's ears
Original (Arabic): https://binbaz.org.sa/fatwas/40/الاجابة-عن-سوال-حول-عقاىر-الابل-والغنم
Question: If two tribes or two individuals dispute, and the tribal chief rules against the defendant that hamstrung animals — camels or sheep — are to be hamstrung and slaughtered before the one who holds the right, and so on.
Answer: What is apparent to us from the pure Sharia is that these lotteries are not permissible; for several reasons:
The first: that this is from the practice of pre-Islamic ignorance (jahiliyyah), and the Prophet ﷺ had said ﷺ: There is no `aqr` in Islam.
The second: that this act is intended to glorify the one to whom the debt is owed, and to draw near to him by means of the slaughtered animal, and this is of the same kind as what the polytheists do in slaughtering for other than Allah, and of the same kind as what some people do in slaughtering upon the arrival of certain dignitaries. A group of scholars have stated that this is considered slaughtering for other than Allah, and that is not permissible; rather, it is, in general, a form of shirk, as Allah, Glorified is He, has said: And an-nusk is slaughtering; Allah paired it with the salah due to the magnitude of its importance, and this indicates that slaughtering must be for Allah alone, just as the salah is for Allah alone. And Allah, the Most High, said And the Prophet ﷺ said ﷺ: May Allah curse whoever slaughters for other than Allah..
The third aspect: that this practice belongs to the judgment of the Jahiliyyah, and Allah, Glorified is He, said: and it involves resemblance to the practices of those who worship the dead, and trees and stones, as previously mentioned.
What is obligatory is to abandon it, and in what Allah has legislated of rulings and ways of setting things right there is what suffices and is enough in place of this ruling. Allah is the Guardian of success.[1].
The first: that this is from the practice of pre-Islamic ignorance (jahiliyyah), and the Prophet ﷺ had said ﷺ: There is no `aqr` in Islam.
The second: that this act is intended to glorify the one to whom the debt is owed, and to draw near to him by means of the slaughtered animal, and this is of the same kind as what the polytheists do in slaughtering for other than Allah, and of the same kind as what some people do in slaughtering upon the arrival of certain dignitaries. A group of scholars have stated that this is considered slaughtering for other than Allah, and that is not permissible; rather, it is, in general, a form of shirk, as Allah, Glorified is He, has said:
(162) قُلۡ إِنَّ صَلَاتِي وَنُسُكِي وَمَحۡيَايَ وَمَمَاتِي لِلَّهِ رَبِّ ٱلۡعَٰلَمِينَ (163) لَا شَرِيكَ لَهُۥۖ وَبِذَٰلِكَ أُمِرۡتُ وَأَنَا۠ أَوَّلُ ٱلۡمُسۡلِمِينَ
(162) Say (O Muhammad): "Verily, my Salat (prayer), my sacrifice, my living, and my dying are for Allah, the Lord of the 'Alamin (mankind, jinns and all that exists). (163) "He has no partner. And of this I have been commanded, and I am the first of the Muslims."
Qur'an 6:162-163 — trans. Hilali & Khan
(1) إِنَّآ أَعۡطَيۡنَٰكَ ٱلۡكَوۡثَرَ (2) فَصَلِّ لِرَبِّكَ وَٱنۡحَرۡ
(1) Verily, We have granted you (O Muhammad (Peace be upon him)) Al-Kauthar (a river in Paradise); (2) Therefore turn in prayer to your Lord and sacrifice (to Him only).
Qur'an 108:1-2 — trans. Hilali & Khan
The third aspect: that this practice belongs to the judgment of the Jahiliyyah, and Allah, Glorified is He, said:
أَفَحُكۡمَ ٱلۡجَٰهِلِيَّةِ يَبۡغُونَۚ وَمَنۡ أَحۡسَنُ مِنَ ٱللَّهِ حُكۡمٗا لِّقَوۡمٖ يُوقِنُونَ
Do they then seek the judgement of (the Days of) Ignorance? And who is better in judgement than Allah for a people who have firm Faith.
Qur'an 5:50 — trans. Hilali & Khan
What is obligatory is to abandon it, and in what Allah has legislated of rulings and ways of setting things right there is what suffices and is enough in place of this ruling. Allah is the Guardian of success.[1].
- Majmu' Fatawa wa Maqalat Mutanawwi'ah of Shaykh Ibn Baz (1/442).